Today, I have signed into law S. 2781, the "Comprehensive Peace in
Sudan Act of 2004" (the "Act"). The Act is intended to help resolve
conflict, reduce human suffering, and encourage freedom and democracy.

Section 6 of the Act includes provisions that, if construed as
mandatory, would impermissibly interfere with the President's exercise
of his constitutional authorities to conduct the Nation's foreign
affairs, participate in international negotiations, and supervise the
unitary executive branch. Section 6(a), for example, appears to
require the President to implement the measures set forth in section
6(b)(2) of the earlier Sudan Peace Act (Public Law 107-245), which
purports to direct or burden the conduct of negotiations by the
executive branch with foreign governments, international financial
institutions, and the United Nations Security Council. When necessary
to avoid such unconstitutional interference, the executive branch shall
construe the provisions of section 6 as advisory.

The executive branch shall construe provisions in the Act that
mandate submission of information to the Congress, or the public, in a
manner consistent with the President's constitutional authority to
supervise the unitary executive branch and to withhold information that
could impair foreign relations, national security, the deliberative
processes of the Executive, or the performance of the Executive's
constitutional duties. Such provisions include sections 8 and 12 of
the Sudan Peace Act as amended by section 5 of the Act.

Provisions of the Act define a particular entity as the "Government
of Sudan" for purposes of implementing the Act and section 12 of the
Sudan Peace Act (Public Law 107-245). The executive branch shall
construe the provisions in a manner consistent with the President's
constitutional authority for the United States to recognize foreign
states and to determine what constitutes the governments of such
foreign states.